The free issuance of thought is in danger in the political context for the environment of self -censorship in which some of the potential candidates have fallen for fear that the electoral authority THE SANCTION FOR ANTICIPATED CAMPAIGNaccording to analysts. For this reason, former candidates and political figures require the Supreme Electoral Court (TSE) clear rules to differentiate between freedom of expression and early campaign.
At the discretion of several politicians, the Electoral Law and Political Parties (LEPP) puts a brake for the issuance of any type of opinions. Article 94 of the Law establishes that “it will not be registered as a candidate who campaigns individual to popular election by advertising their image, in the different social media, before the official call of elections.”
In addition, it warns of sanctions against the political organization, the associations and foundations that promote the candidate aspiring. For the 2027 elections it is estimated that the call date will be on January 26.
The campaign period that enables the promotion of a political figure and call to the vote, will occur 90 days before the date scheduled for voting, according to the call issued by the TSE.
The planning of the electoral event is underway and the electoral authority develops dialogue tables with the political parties to formulate a reform to the regulations of the TSE. However, it is not clear if the limits to freedom of expression that concern some politicians interviewed for this report will be addressed.
Watersheds
The problem originated from the reforms to the 2016 LEPP, so analysts warn the need for Congress to “correct” the errors of a law that they consider favorable to the old political class.
“The citizen in a democratic country is responsible for expressing himself publicly for a bad exercise of government, a poor administrative performance, due to problems of his community, municipality or his country,” said Rubén Hidalgo, director of the Central American Institute of Political Studies (INTE).
In Guatemala these types of comments, disclosed mainly on social networks, could be a reason for the candidacy of a person with party aspirations as happened in the 2023 contest.
One of the children of former president Álvaro Arzú, Roberto Arzú Escobar, sought to be a presidential candidate with the political party Podemos but was out of the contest because the TSE rejected his registration because he failed to comply with the law by promoting his image for electoral purposes before the call to voting. Arzú’s claim against the sanction reached the Constitutional Court (CC) that endorsed the decision of the TSE.
The limits
Pablo Portocarrero, Head of the Media Unit and Opinion Studies of the TSE, said that at his discretion in Guatemala, politicians do have freedom of expression. The official warns that only those who ask for the vote or who make promises as future candidates for some position are punished.
“The free issuance of thought is a constitutional right. The TSE guarantees freedom of opinion, especially to the different political actors,” Portocarrero said.
He added that it is allowed, at any time, to share their ideological views and opinions about the national situation. “Political organizations have the right that among their proselytizing activities is also giving their political opinion, this is a right that establishes the electoral law.”
Although the scenario seems clear, in practice it is not, according to members of parties as we are going for a different Guatemala (let’s) and vision with values (living) they expose that they had to defend themselves in the Courts for sanctions imposed by early campaign that can reach US $ 50 thousand.
At a disadvantage
For Roberto Alejos, constituent and former deputy, the last reform of the LEPP approved by the Plenary of Congress in 2016 was an “error” due to the restrictions of comments and opinions that have led to political self -censorship.
“I believe that this limitation should not exist, I believe that, if we have a free issuance of thought in a beautiful article in the Constitution, the political issue should be included,” he said.
“The anticipated campaign figure is something that should not exist, on the contrary, we need to politicize the population more, keep it informed of the political event and should be done without limitations,” said Alejos.
For analysts, the restrictions of freedom of expression that weigh on potential political leaders are serious. Since the limitations put them in a situation of disadvantage against career politicians who do not need to make themselves known.
“In the Electoral Update and Modernization Commission (CAME), the proposal was presented so that it could be better defined in a way what is proselytism and what is early campaign,” Guillermo Fuentes recalled, of the Air Political Training Organization.
But although they constantly promoted this issue within the Came, those points were not included in the law initiative presented by the TSE in Congress.
Continue with this rule, he says, leaves career politicians in an advantage. People who, due to past public office or for being frequent candidates in electoral contests, are widely known.
“You have to be clear that a criticism is being given or giving an opinion and that the vote is not being requested,” says Fuentes.
Interpretation
Four presidential former candidates and two politicians who aspired to participate in the contest – although they failed to register for various legal impediments – agreed on the need to review the current electoral law. They need the Supreme Electoral Court (TSE) to clarify the criteria for issuing political opinions without legal consequences.
Sandra Torres, former candidate of the National Unit of Hope Party (UNE), said it is essential to allow free opinion on the situation of the country.
Manuel Conde, former candidate of the official party Vamos, said that the difference between opinion and campaigning is clear, but everything depends on how the TSE interprets it.
He recognized the efforts that the Court has made to delimit the concepts of public opinion, proselytism and electoral campaign, and emphasized that future TSE authorities must apply objective criteria when evaluating possible cases of early campaign.
Armando Castillo, who competed for the presidency with the Vision Party (Viva) party, also emphasized the need to establish clear criteria and sufficiently in advance.
In addition, he criticized the reforms to the electoral law approved in 2016, considering that they favored the already known politicians, limiting the possibilities of the new leadership to make themselves known.
The TSE investigates about 70 files for alleged image promotion for electoral purposes. Sources from the institution warn that in these cases Carlos Pineda and Roberto Arzú are included. The first was the presidential figure of citizen prosperity and the second of the Podemos party, although neither was registered with legal impediments.
Pineda says he has preferred to stay out of political opinions for fear of an eventual warning of the TSE. He assures that he has never paid spaces in social networks to promote himself, but considers that regulations be renovated so that there is real freedom of political expression.
Arzú believes that legislation and rules in electoral matters attempt against freedom of expression. “They threaten to want to prohibit the free expression of thought and that is something that I have been saying all the time, it is the way the institutions have wanted to co -opt the corrupt pact,” he said.
The voices reflect the demand that the TSE raises a clear and transparent definition of the rules that will govern the next electoral process.